Kahm v. Klaus

Citations

• 64 Kan. 24
• 67 P. 542
• 1902 Kan. LEXIS 156

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Trusts and Trustees — Implication of Law — Ex Maleficio. A woman was in disagreement with her brother over a tract of land. Her brother-in-law advised her to give him a power of attorney to manage the land for her, because, as he said, he could contend better with her brother. He gave her a paper which he represented to be such instrument. Having confidence in him on account of their relationship, she signed the paper without reading it. It was in reality a deed to him of the land. Held, that he became a constructive trustee and was bound to reconvey the land and account for its rents and profits.</p> <p>2. -Limitation of Action. In the case above stated, the action to declare the trust and for the recovery of the rents and profits of the land was an action for relief on the ground of fraud, and could not have been barred until the lapse of two years after the discovery of the deception practiced in procuring the deed.</p> <p>3. - Case Followed. The case of Courtney v. Staudemayer, 56 Kan. 392,- 43 Pac. 758, 54 Am. St. Rep. 592, reaffirmed and followed.</p>